(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this workplace harassment/personal injury case and its proceedings.)

STATEMENT OF FACTS

Plaintiff John White has been an employee of the CCD since 1992 when he was hired as head men’s basketball coach at Community College (“CC”) In 2003, Plaintiff was appointed Athletic Director at CC and presently continues to serve in that role as well as that of head men’s basketball coach. Dr. Sean Green became President of CC on August 1, 2005. On or about August 2007, Defendant Green was reassigned to another branch of the CCD and removed from the position of President of CC.

During the time that Defendant Green was President at CC its men’s basketball team was comprised entirely of African-American males. From the time that he took his position as President at CC to his abrupt departure from CC Defendant Green harassed, discriminated against and attempted to destroy, discredit and defame Plaintiff Miller. Plaintiff’s record as Athletic Director and Men’s Basketball coach was excellent. Defendant’s bias against Plaintiff was clearly unwarranted by his performance and instead was based on his false perception of Plaintiffs sexual orientation, his perception of Plaintiffs religious affiliation (Plaintiff is half Jewish), and his racist disapproval of the all African-American men’s basketball team coached by Plaintiff.

Defendant was also biased against homosexuals. And because Defendant suspected that Plaintiff was homosexual Defendant threatened him based on this rank suspicion. Defendant additionally suspected that Plaintiff was Jewish and made disparaging remarks about Jews to Plaintiff.

Based on defendant Green’s dislike of Plaintiff’s team being entirely African-American and his perception that Plaintiff was homosexual and Jewish, Defendant treated Plaintiff harshly and unfairly. Also, Defendant retaliated against Plaintiff once he complained to his union about the harassment and discriminatory treatment inflicted by Defendant Green. Defendant inflicted unwarranted punishment on Plaintiff. Defendant also sabotaged and disrupted processing of paperwork necessary for efficient operation of Plaintiffs athletic department. Defendant, without any legally sufficient justification, contacted the NCAA to initiate an investigation of Plaintiff.

As a result of the Defendant Green’s harassment Plaintiff suffered severe emotional distress and likely irreparable damage to his professional reputation. (See Part 3 of 7.)